Hart: 'Voluntary' CPS plan has some parents feeling bullied

Two young families in the Houston area suffered unspeakable tragedies in recent months. In one case, a toddler drowned; in another, a new mother was gunned down in a parking lot and her newborn snatched. Both incidents required investigation by law enforcement officials, who as a matter of course, called Child Protective Services.

What happened next to both families reflects a disturbing trend that Houston attorney Chris Branson blames on a 2008 legal memorandum sent to all Texas CPS investigators. The grieving, distraught parents were asked to sign a "voluntary safety plan" drawn up by CPS, temporarily placing their remaining children in someone else's care.

Following a 2008 5th U.S. Circuit Court of Appeals decision, CPS investigators were encouraged to seek such "voluntary" agreements before removing children from a home. Otherwise, the memo cautioned, they would need to wait for a court order, unless the child faced imminent danger.

Now, "not a week goes by" that Branson says he isn't contacted by parents who feel they've been bullied into surrendering their children to a "voluntary" plan under threat they will lose their children permanently through court intervention. Most were warned by CPS not to consult a lawyer, he says.

"CPS doesn't like it when lawyers are involved," Branson said. As a result, "there's an important step in due process they (CPS) tend to skip." Branson says. After all, "voluntary" plans don't have to be reviewed by a judge.

1,031 April cases

He compared it to a bank robber holding a gun to a clerk's head with a command: "I want you to voluntarily give me the money. It's your choice."

State statistics support Branson's opinion that the voluntary agreements have become routine. During last fiscal year, some 11,486 voluntary safety agreements were signed. Last month alone, 1,031 were signed statewide.

Branson's clients, Mike and April Davis, came to Texas with their two toddlers seeking work.

Then, "every parent's nightmare" happened: April put her two children down for an afternoon nap and tried to snag the rest that every young mother desperately needs.

A half hour later, she awoke and found Devon had escaped the house. After a four-day search, he was found drowned in a nearby lake.

The Davises would later tell Branson that they agreed to allow CPS take their 18-month-old daughter, Abbygail, to foster care under a "voluntary safety plan."

At a time of deep grief, they were desperately afraid they would lose her forever.

On April 17, Kala Schuchardt was gunned down as she took her 3-day-old son to a Spring pediatrician; her killer snatched the baby.

Law enforcement officials arrested her killer within hours, but when her husband, Keith, went to retrieve the infant, he faced questioning about a seven-year-old drug charge.

He submitted to a drug test that showed marijuana and a painkiller in his system. Like the Davises, he was asked to agree to "voluntary" placement giving his two sons and stepson temporarily to his brother-in-law.

Both Schuchardt and the Davises contacted lawyers and subsequently retrieved their children.

Branson sees a pattern since the 5th Circuit ruled on a Fort Bend County case involving a family of 13 children, most of who had been adopted. School officials contacted CPS after learning of unusual and harsh punishments administered by the father.

Though ruling against the family, the 5th Circuit criticized CPS for removing the children without a court order and warned that it expected the agency to "abide by these constitutional rules and seek to involve the state courts as early in the process as is practicable."

Shortly afterward, a memo was circulated to CPS investigators, recommending a new practice: "We obtain consent, or file for a court order prior to removal unless life or limb is in immediate jeopardy or sexual abuse is about to occur."

'Investigation tool'

Patrick Crimmins, a spokesman for the Department of Family and Protective Services, says voluntary safety plans are used when "legitimate concerns are raised" in the course of an investigation. "It is just an investigation tool" to keep children safe until concerns are allayed, he said.

Each day, overworked, underpaid CPS investigators are untangling complicated living situations, seeking the best outcomes for Texas children. But parental rights should not be subject to coercive legal shortcuts.

Branson says his clients, the Davises, have returned to their home state of Virginia. "He walked away from his new job," he says. "My suspicion is they've had it with Texas."